You’ve managed to agree the deal; all that’s left is to sign the documents. That’s the easy bit, correct? So you might think, but it is important to be careful not to slip up at this final stage, particularly when contracting with foreign entities and considering using electronic signatures. Which…
Part 2: How are Limits of Liability Evolving, with Respect to the Issue of Data Breaches? Ten years ago, most “buyers/customers” expected their suppliers to absorb unlimited contractual liability if the supplier was responsible for a breach affecting the customer’s data. Today, while customers may continue to insist upon such…
Part 1: Contractual Protections With Respect to Data Breaches Given the unrelenting, it seems, news reports of cyber attacks and data breaches affecting customer records and data, the issue of what are the appropriate contractual provisions that should govern data breaches in a contract between customers and suppliers remains timely,…
There is no shortage of commentary on why mergers and acquisitions fail or do not live up to their projected potential. The percentage of failed or underachieving deals is astounding with some placing the failure rate over eighty percent.The reasons for this dismal outlook range from ill-advised strategic vision, misaligned…
News of Alibaba’s cloud investment and a recent software park tour indicate that China’s IT services industry is evolving in its own way. Alibaba Invades Silicon Valley The “Amazon of China” is following Amazon’s playbook yet again with their investment in the cloud. Aliyun, Alibaba’s technology arm, already operates five…
This is the second of two postings that outline key pricing protections you should consider negotiating with licensors of ERP software to provide flexibility and predictability in managing the ongoing license and maintenance costs associated with the software. In the earlier posting, we discussed future option discounts, exchange rights, and…
The licensing and implementation of ERP software is a major long-term investment for any company. In addition to negotiating favorable upfront pricing for the software, it is important to build in pricing mechanisms that provide flexibility and predictability in managing the ongoing license and maintenance costs associated with the software. …
As a thin guy, I used to subscribe to the philosophy of wearing large clothes to look bigger than I was. What I actually looked like was a scrawny guy in ill-fitting clothes that were not overly comfortable. Sourcing of IT and associated services may be falling into a similar…
The trend in Big Data analytics among companies shows no sign in abating, with companies covetously collecting vast amounts of data with the hopes of harvesting market differentiators. A study by open-source research firm Wikibon, for instance, forecasts an annual Big Data software growth rate of 45% through 2017. But…
It isn’t often that a supplier “fires” its customer, but it’s not unknown. I have worked with two clients recently whose suppliers have given notice of termination without cause. How can you avoid or, if it does happen, manage through a supplier-initiated termination? Obviously, the best position from a customer’s…